Trial Procedures Courtroom Participants, Juries and Jury Selection, Presenting Evidence and Reaching the Verdict

Courtroom Participants Adversarial System: two opposing sides- The Crown and the Defense- Burden is on the Crown All courtroom procedures are adapted from English Law Please see page 181

Participants Judges- The Bench- Provincial and Territorial Judges, Federal Judges and Supreme Court Justices Impartial, deciding admissibility of evidence, rule on the credibility of witnesses, decide in some cases guilt or innocence, and in many cases set the sentences Justices of the Peace- less power than a judge, deal with bail hearings, first plea trials and issue documents for police

Participants The Crown Attorney- responsible to see justice is done Burden of proof Must disclose all evidence (Disclosure)- allows the accused the opportunity to prepare for a fair trial Consult with police about which charges to lay on criminals (or withdraw charges)

Participants Defence Counsel- represents the accused to ensure legal rights Trained in procedural and substantive law Advise clients on the trial system, and how best for accused people to proceed Must defend, regardless of the details of the case or what the public thinks

Participants Court Clerk reads the charge, swears in witnesses and handles evidence Court Reporter- sits near the witness box and records word for word all evidence given at trial Use shorthand or specialized systems- this is an extremely exacting job as it could lead to appeals

Participants Sheriff- carry out court administration and trial preparation Makes sure the accused appears in court, finds prospective jurors in some cases and assists the judge Also charged with seizing and selling property to settle claims for damages

Beginning Motions- Trial Begins Crown and defence may present motions to the judge Stay of proceedings- can stop the trial (not commencing within a reasonable time) Motion for the admissibility of evidence Argued in the absence of the jury

Juries and Jury Selection A Jury lets the public see conflicts resolved by peers, rather than by a judge alone- reflects the conscience of the community Serious crimes must have a jury- less serious can be chosen by the accused (judge or judge and jury) Summary convictions are always heard by the Judge

Jury Selection Empanelling- the selection of 12 jurors 1st- list of jurors is created from an electoral (voting) list of all people living in the area where the court is located Sheriff then randomly selects 75- 100 names from the list- this is the Jury panel The Jury Panel is summoned to the court house by letter

Jury Selection Prospective Jurors must have the following qualifications: Canadian Citizen 18 years of age Must have resided in the province or territory for at least one year They must speak English or French “mentally fit”

Jury Selection Ordinary citizens with no particular knowledge of the law Social Worker- exempt Judges, Lawyers- exempt Police officers- exempt Medical doctor- exempt See page 188 You will also be excused if you have a personal interest in the case, experience personal hardship (this would require some kind of explanation)